O'Rorke v. Carpenter
| Decision Date | 22 December 1981 |
| Parties | , 432 N.E.2d 136 James F. O'RORKE, Jr. et al., Respondents, v. Edmund Snow CARPENTER, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
On summary consideration, order, 80 A.D.2d 513, 436 N.Y.S.2d 991, affirmed, with costs, and the question certified answered in the affirmative. Plaintiffs may defeat defendant's claim of qualified privilege by demonstrating that the alleged defamatory statements were known to be false at the time of publication. As plaintiffs have sufficiently raised a triable issue in this regard, defendant's motion for summary judgment was properly denied.
All concur.
To continue reading
Request your trial
11 cases
-
Herlihy v. Metropolitan Museum of Art
...be false. Linn v. United Plant Guard Workers of America, 383 U.S. 53, 61, 86 S.Ct. 657, 662, 15 L.Ed.2d 582; O'Rorke v. Carpenter, 55 N.Y.2d 798, 447 N.Y.S.2d 434, 432 N.E.2d 136. An allegation of a known defamatory falsehood may of itself serve to establish malice where that is required fo......
-
Herlihy v. Metropolitan Museum of Art
...truth or falsity ..." (Loughry v. Lincoln First Bank, N.A., supra, at 376, 502 N.Y.S.2d 965, 494 N.E.2d 70; O'Rorke v. Carpenter, 55 N.Y.2d 798, 799, 447 N.Y.S.2d 434, 432 N.E.2d 136; Stillman v. Ford, 22 N.Y.2d 48, 53, 290 N.Y.S.2d 893, 238 N.E.2d 304; Prosser and Keeton, Torts § 115, at 8......
-
Liberman v. Gelstein
...privilege (see, Loughry v. Lincoln First Bank, 67 N.Y.2d, at 376, 502 N.Y.S.2d 965, 494 N.E.2d 70, supra; O'Rorke v. Carpenter, 55 N.Y.2d 798, 799, 447 N.Y.S.2d 434, 432 N.E.2d 136; Stillman v. Ford, 22 N.Y.2d, at 53, 290 N.Y.S.2d 893, 238 N.E.2d 304, supra; see also, Restatement §§ 600, 60......
-
Loughry v. Lincoln First Bank, N.A.
...with malice or with knowledge of their falsity or reckless disregard as to their truth or falsity (see, O'Rorke v. Carpenter, 55 N.Y.2d 798, 799, 447 N.Y.S.2d 434, 432 N.E.2d 136; Restatement [Second] of Torts §§ 599-600, 603 comment a; Prosser and Keeton, Torts § 115, at 833-835 [5th ed] )......
Request a trial to view additional results